Copyright Review Commission Report - ICT Law and Regulation ...

Ad-hoc workshops on copyright are conducted, but their results are not yet visible.3.10. COPYRIGHT INFRINGEMENTSOther than the ad-hoc police investigations, a structured and effective approach to the copyright infringements could not beidentified.The following acts are not considered to be infringement: Performance in an educational institution; Performance by an amateur club; Making three copies of a book, not available for private use; Reproduction of public material; Use in religious or official ceremonies, including marriage processions; Importing one infringing copy for private and domestic use; and Others.Penalties and punishments available for the copyright infringement offenders are as follows: First offence – six months’ imprisonment and Rs50 000 fine; Second offence – one year imprisonment and Rs100 000 fine; and Maximum three years’ imprisonment and Rs200 000 fine.3.11. CONCLUSIONThe good elements of the Indian copyright system include: All copyright collecting societies are legislated and regulated by the Copyright Registrar; The number of collecting societies is limited. Only one collecting society is allowed to service one set of rights. The levelof confusion among the members and the users is limited. There is only one set of tariffs per right; The regulations stipulate the maximum amounts (15% of the total collection) that may be retained by the collectionsocieties to compensate for the administration expenses; The Copyright Board (Tribunal) is efficient. The members of the Copyright Board meet weekly to resolve disputesbetween the parties; The users are forced to continue to pay for the use of rights at the rate of tariffs prescribed by the collecting societies,even if there is a dispute about the tariffs being charged and the matter has been referred to the Copyright Board or tothe courts. If the outcome of the tariffs dispute is in favour of the user, the collecting society is instructed to refund thedifferences between the approved tariffs and the requested tariffs; and The copyright is governed by the Copyright Act of 1957, which has been amended several times. The Act is simple andit has no ambiguity and it is understood by most of the relevant people.- 140 -